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U.S. v. CERON

No. 13-40095.

775 F.3d 222 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Oscar Cecilio Ramos CERON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 19, 2014.

Attorney(s) appearing for the Case

Eileen K. Wilson , Assistant U.S. Attorney, Renata Ann Gowie , Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers , Federal Public Defender, Timothy William Crooks , Assistant Federal Public Defender, Margaret Christina Ling , Assistant Federal Public Defender, Scott Andrew Martin , Assistant Federal Public Defender, Federal Public Defender's Office, Houston, TX, for Defendant-Appellant.

Before KING, JOLLY, and COSTA, Circuit Judges.

Oscar Cecilio Ramos Ceron pleaded guilty to reentry of a deported alien. The district court applied a 16-level Sentencing Guidelines enhancement, categorizing his prior Florida conviction of aggravated battery as a "crime of violence." Ramos Ceron appeals, arguing that Florida aggravated battery is not a crime of violence, and that collateral...

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